Wills and testaments are at the National Archives in Edinburgh [formerly the
SRO]. They hold Scottish wills and testaments from 1549 to 1984 but before they
will search for particular entries, they need clear details of the name, date
and place of death of the deceased. Testaments after 1984 are held by the
Edinburgh Commissary Office, 27 Chambers Street, Edinburgh, EH2 1LB. National
Archives website at http://www.nas.gov.uk

Finding a will depends on a) knowing when your
ancestor died and b) knowing where he died. Wills were dealt by various
different commissariots. And to make matters complicated the commissariot varies
depending on the date of death. For wills before 1800 there are printed and
published volumes of indexes, covering the whole pre-1800 period. You may be
able to get them through an inter-library loan. For Ayrshire
pre-1823 the commissariot is Glasgow.

From 1877 onwards there are national printed indexes. But the
period in between is a bit of a mish mash. A book called "Tracing your
Scottish ancestors" published by the Scottish Record Office ISBN
0-11-495865-3 deals with it in 14 pages. In 1824 the system changed and wills
were dealt with by Sheriff Courts (and Ayrshire wills were dealt with by Ayr
Sheriff Court)

The Public Record Office's
online system for downloading digital images of public records.

At present they have digital images for Probate records (Wills) from the
mid-1800s as well as miscellaneous images from across their holdings. They will
continue to expand their collection of digitised records on an ongoing basis so
check regularly to see what has been added. Some images are free to download and
some cost a small amount (£3):

Some examples in Ayrshire:-

PROB 11/2213 22 May 1855 Will of
David Kennedy Welsh, formerly Soldier of Her Majesty's 29th Regiment of Foot of Town of
Girvan , Ayrshire

PROB 11/2242 12 November 1856 Will of Elizabeth McVeagh of Troon, Ayrshire

PROB 11/2175 25 July 1853 Will of Alexander Hamilton Hamilton of Stevenston,
Ayrshire

PROB 11/2221 13 October 1855 Will of John Richard of Muirkirk, Ayrshire

PROB 11/2226 14 January 1856 Will of Hugh Richard of Muirkirk, Ayrshire

PROB 11/2119 24 September 1850 Will of Sir James Gibson Craig of Riccarton,
Ayrshire

PROB 11/2154 04 June 1852 Will of Montgomerie Hamilton, formerly Commander
of The Honorable East India Companys Ship Dunira of Ayr, Ayrshire.

The Scottish Archive Network

The
Scottish Archive Network through the support of the Heritage Lottery Fund (HLF)
and the Genealogical Society of Utah (GSU) is opening up Scotland's rich
archival heritage to everyone. Over the course of the three-year project they
intend to revolutionise access to Scottish Archives, their catalogues and
contents.

The Scottish Archive Network has launched the Scottish
Wills website. At present (April 2002), the site contains over
350,000 names of "defuncts" in Scottish Wills from 1500-1875.
The index is now being linked to
digital images of the wills, which will be downloadable for a fee of 5 pounds
for one will, regardless of length. Access to the index is free of charge.

The following was originally posted to the
Lanarkshire Rootsweb List by Murray Inch of M.A. Inch Consulting in Ottawa,
Canada. Murray has kindly given me permission to reproduce it here as an
ongoing reference page. Murray can be contacted at minch@storm.ca

The following document is a work in
progress. It is hoped it will help researchers whose forebearers may have
created wills or other documents dealing primarily with heritable
property.

Scottish Wills and
Property Documents

There have been recent references on the
Lanarkshire list to various types of legal source documents which are
useful in Family History Research. These include Testaments and Wills,
Confirmations of Wills, Sasines and Deeds of Settlement, and Valuation
Rolls. Contributions have been made by active listers such as Janice
Poskitt, Alex & Janis Steel, Mark Sutherland-Fraser, and Anne Burgess
among others. Janice Poskitt, for example, has done an outstanding job in
pulling together information on the Commissariot Courts in Scotland. She
provided the Family History Centre order numbers for the fiches which list
the indexes and abstracts of the confirmations of Wills. These enable the
researcher to select from the records those wills that are relevant to a
research project and which should be copied from the records in Scotland.
If the fiche are not available at your FHC they may be hired/borrowed and
retained at the FHC. Researchers wishing to help build up local resources
may discuss with the Directors of their FHC whether there is local demand
for these finding aids, and if so whether the FHC would welcome a
contribution from researchers to assist the FHC in purchasing a set.

The unique Scottish terminology differs
from that used in many government jurisdictions around the world. As a
relative newcomer to Scottish history research, I have pulled these
materials together, to better understand the system and to plan my line of
research. Listers who have additional information, corrections and
comments are invited to contribute to this paper for the benefit of all
researchers.

Testaments and Wills

Wills have been traditionally registered
in modern times in one of two systems:

1) Registers of Scotland-Books of
Council and Session;

2) Commissariot Courts.

Registers of Scotland.

The Registers have been kept since the
16th Century. They provide a record of title deeds, hornings and other
documents. Thus formal documents such as wills which affect
property/housing titles were filed in the Books of Council and Session.
The original document was registered and filed in Edinburgh. Copies can be
purchased by researcher. Until 1868, to protect property interests, wills
were frequently registered in both the Books of Council and Session, and
the Register of Sasines. (See below).

Commissariot Courts

The filing/deposit of Testaments and
Wills, and their Confirmation (probate) has been the responsibility of
three different, successive systems over a thousand years.

The first system was Ecclesiastical
Courts which had jurisdiction over confirmation of testaments,
administration of intestate moveable estates, actions relating to
marriage, divorce and legitimacy, and actions relating to slander, plus a
range of matters arising from oaths as well as issues voluntarily
submitted to these courts. Appeal was to Rome. The boundaries of the
individual courts coincided with the jurisdiction of each Bishopric.
Several sees were subdivided or as in Lothians and Berwickshire were
constituted as Special Commissaries. The Bishops discharged justice
through Officials or Commissaries and in some cases through rural deans.
These Courts were swept away in 1560. Can more knowledgeable Listers
advise on what records if any, survived from this period, if any copies
made their way to archives in Paris and Rome, and if any surviving records
are useful for genealogical research.

The second system was the Commissary
Courts established about 1563 when the Crown began to appoint
Commissaries. The Edinburgh Commissariot was established first, followed
by Courts in other areas. Their boundaries may have differed from those of
the previous episcopal sees and did not necessarily follow Shire or Local
municipal boundaries. See for example the three Court jurisdictions which
overlay Lanarkshire: Glasgow, Hamilton and Campsie, and Lanark. Appeal was
to the Court of Session. The Commissary Courts evolved over time. Some
changes and reforms of responsibilities were made after 1809. These Courts
were abolished in 1876. Many of their records were transferred to Registry
House, and most of these were indexed. The registers and warrants of deeds
were transmitted to the Sheriff Clerks/Courts. For some reason there
appears to be less surviving documentation for Lanarkshire than for other
counties. For 1560-1800, the records have been indexed within each
Commissariot Court. Thus it is necessary to know which Court registered
and confirmed a will or testament. Wills of those who owned property in
Scotland, but died abroad, were filed with the Edinburgh Commissariot
Court.

Indexes to the Registers of Testaments
up to 1800 are available on microfiche, which can be borrowed through
Family History Centres. If hired/borrowed they may stay on permanent loan.

Two examples of index listings from the
Commissariot of Glasgow:- KEY Christian sp to Robert KEY, in Keystoun, par
of Balfron 7 Oct 1669 KEY William, miller at Cullcreuch, par of Fintrie 20
Aug 1692

Order of information for the Courts
listed below: Name of Commissariot Court; date of earliest Will and last
will indexed on fiche; Microfiche Order Number; how many fiche &
Jurisdiction of the Court.

Parishes of Airth, Bothkennar, Denny,
Dunnipace, Falkirk, Gargunnock, Kilsyth, Larbert, part of Lecropt, part of
Logie, Muiravonside, Polmont, St Ninians, Slamannan & Stirling in
Stirlingshire; Alloa, Alva, Clackmannan & Dollar in Clackmannanshire;
Muckhart in Perthshire; Carnock, Saline & Torryburn in Fife.
Testaments of the time of the Commonwealth for the parishes of Baldernoc
found here

WIGTOWN 1700-1800 #
6068631 1 fiche

County of Wigtown and parish of
Minnigaff in the Stewartry of Kirkcudbright Testaments up to 1823 are held
in the Scottish Record Office. For the period 1823-1875 the records can be
scattered.

Concentrating on
Midlothian & Lanarkshire

LOCALITY CATALOGUE -
SCOTLAND - MIDLOTHIAN - PROBATE RECORDS

Testament Registers:- covers parts of
Midlothian, West Lothian, East Lothian, Peebles, Stirling as well as those
that died abroad. 115 consecutively numbered films. Beginning and ending
films listed.

V. 1 1567-1569 film # 0231030

V. 151-152 1826-1829 film # 0231144

Register of Inventories
of the Estates of the Deceased - Midlothian

V. 37 15 Dec 1823 - 27 Apr 1824 film #
0498438

V. 101 13 Apr 1857 - 29 Jul 1857 film #
0498502

V. 102 1 Aug 1857 - 18 Nov 1857 film #
0499610

V. 122 3 Feb 1863 - 15 Apr 1863 film #
0499630

V. 123 16 Apr 1863 - 30 Jun 1863 film #
0500187

V. 188 23 Nov 1876 - 31 Jan 1877 film #
0500252

Register of Testaments
1514 - 1800 film # 0844770

(also available on
microfiche - mentioned earlier)

Index to Inventories of
the Personal Estates of Defuncts in Commissary

Court books of Edinburgh, Haddington
& Linlithgow 1827 - 1865

film # 1368215 item 1-2

Register of Testaments Index,
Commissariot of Edinburgh 1801 - 1829 covering parts of Midlothian, West
Lothian, East Lothian, Peebleshire, Stirlingshire & those that died
abroad film # 0231259

LOCALITY CATALOGUE -
SCOTLAND - MIDLOTHIAN - LAND & PROPERTY

Register of Testaments of Midlothian 5
Nov 1823 to 26 Dec 1876

Testament Testamentars - 54 films

Vol. 150 5 Nov 1823 - 12 Dec 1825 film #
0500253

Vol. 194 31 Dec 1869 - 23 Dec 1870 film
# 0500290

Vol. 195 30 Dec 1870 - 28 Dec 1871 film
# 0500738

Vol. 200 30 Dec 1875 - 28 Dec 1876 film
# 0500743

Testamentary Records of
Midlothian 1844 - 1876

Testamentary Deeds relative to
Inventories of Personal Estates kept for the Commissariot of Edinburgh

Vol. 1 15 Aug 1844 - 28 Jul 1845 film #
0500744

Vol. 97 28 Feb 1865 - 26 Apr 1865 film #
0500840

Vol. 98 1 May 1865 - 7 Jul 1865 film #
0501837

Vol. 152 1 Aug 1874 - 31 Oct 1874 film #
0501891

Vol. 153 2 Nov 1874 - 18 Jan 1875 film #
0484974

Vol. 164 1 Nov 1876 - 30 Dec 1876 film #
0484985

LOCALITY CATALOGUE -
SCOTLAND - LANARKSHIRE - PROBATE RECORDS

Testament Registers -
Hamilton & Campsie Commissariot 1564 - 1823

6 films - film #s 0231189 - 0231194

Testament Registers -
Glasgow Commissariot 1547 - 1823

44 films - film #s 0231145 - 0231188

Testament Registers -
Lanark Commissariot 1594 - 1823

9 films - film #s 0231203 - 0231211

Register of Testament
Index - Lanark Commissariot

film # 0101783 item 5

Index to Inventories of
the Personal Estates of Defuncts recorded in the Commissary Court books of
Lanark, Dumbarton, Renfrew, Bute & Argyll

The third system or agency responsible
for recording wills and testaments was the Sheriff Courts, which took
over/absorbed the commissariot responsibilities. They are located
throughout Scotland and are responsibile for filing and registration of
wills, the issue to solicitors of certificates of confirmation (or
probate) and the compilation of indexes and abstracts (Calendars of
Confirmation and Inventories) which were required to be published
annually.

There are also Court procedures for
situations where individual property owners died without a will, and Court
authority is sought to disperse their assets.

The historical records have been
transferred to the National Archives of Scotland in Edinburgh. The
documents have been indexed and abridged (abstracted) and the indexes can
be checked by researchers. If relevant to their project, they or their
representative can consult the full document and order copies in
Edinburgh.

The Indexes or calendars are produced
annually and cover the whole of Scotland plus those that died abroad but
who had moveable property in Scotland. They are available on microfiche by
year. If borrowed/acquired by researchers through the FHC, the fiche may
stay at the FHC on permanent loan. The fiche of indexes covers the period
1876-1936. If ordering a large block of fiche discuss your requirements
with the FHC Director. The information available :- name, occupation,
residence, date & place of death, executors; and in most times the
next of kin & their occupation, and address & usually but not
always their relationship to the deceased. As well it provides the
confirmation date & value of estate.

A random example :-
Calendar of Confirmations 1892

BOWICK David 15 Jan - Confirmation of
David BOWICK, residing sometime at Hillhead of Burghill, Parish of Brechin,
County of Forfar, thereafter at Laurnecekirk, County of Kincardine; who
died 26 Dec 1891, at Laurencekirk aforesaid, testate, granted at
Stonehaven, to William

BOWICK, Laurencekirk aforesaid, his
brother, Executor nominated in Will or Deed, dated 10 Sep 1875, and
recorded in Court Books of Commissariot of Kincardine, 13 Jan 1892. Value
of Estate ú135.1s

In view of the fact that the 1901+
Census' are embargoed, the addresses mentioned in the Calendars of
Confirmations are particularly helpful to researchers.

Some examples of how many
microfiche are involved:-

1876 # 6068884 11 fiche

1900 # 6068908 10 fiche

1915 # 6068924 14 fiche

1919 # 6068927 18 fiche

1936 # 6070143 27 fiche

[The historical portions of this summary
has been drawn from: A Guide to the Public Records of Scotland, deposited
in H. M. General Register House Edinburgh, by M. Livingstone, 1905.
Apologies to Mr Livingstone for any misinterpretation by the authors.]

OTHER RECORDS

SASINES AND DEEDS OF
SETTLEMENT

Another source of information for a
smaller group of families is the The Register of Sasines. Unlike the
Testaments described above these documents are administrative rather than
Court records. In general the Sasines record the documents of landholders,
the feu superiors and owners of interests in land. They do not generally
list the tenants. The 19th century documents, may contain a Deed of
Settlement, which is usually called a settlement (will and property
transfer). These may contain information and arrangements pertaining to
surviving family members use of land. Hence they are very useful for
researching family history.

The Sasines originated with the
medieval/feudal system of land tenure. The Monarch granted land rights to
nobility and church bodies, who would grant tenancy to major families in
exchange for military service, other goods and services and for other
commitments. The grant was evidenced originally by a ceremony in the Burgh
or Barony Courts, when the "Courts" were administrative as well
as decision giving bodies.

As society evolved during the 1300's,
the transactions were recorded in Charters. (Black's Surnames of Scotland
frequently drew on Charters for earliest use of individual family names).
Later still the transfer of rights was recorded in individual instruments.
These instruments provided the evidence of transfer of lands and rights,
and included the resignation of the previous possessor and the granting of
entry into possession by a new possessor.

As the economy evolved between 1540 and
1555 and to facilitate freedom of commerce, a public register of Sasines
was established and more elaborate procedures developed. The system was
reformed in 1600 and local registers were established. It was further
reformed in 1617 and it is documents from this period that have survived
and are now available in the National Archives of Scotland. The documents
were filed on the general (national) register or on local county
registers. In 1681 Burgh registers were established.

Thereafter changes were made from time
to time to Sasine instruments and associated writs, and the ceremony
evidencing possession was discontinued.

Leases of lands and heritages of 31
years and upwards became registerable. The Land Registers Act of 1868
ended the traditional Sasines Registry system. The Act was progressively
implemented between 1868 and December 31, 1871. The old general register
which commenced in August 1617 was closed in December 1868. The Particular
Register for Lanarkshire (excepting the Barony and Regality of Glasgow)
which began March 1618, was closed March 17, 1869. Indexes and abstracts
(abridgements of each document) were prepared beginning in 1781 and are
useful to the researcher.

The 1868 Land Registers Act established
general registers in County divisions. The preparation of indexes and
printed abridgements (brief abstracts of each document) were continued
after 1868. Today's Registry system in computerized.

Sasines can be difficult to search
because documents might have been prepared well in advance, say at the
wedding date of the heritor, but not have been entered at the actual date
of transfer of property interest but at another date some time perhaps
after the death of the grantor. This might require a search of a decade's
records or more. For example one would check the records at the date of
death for a possessor but it might be some years before the heirs actually
registered the Sasine document of transfer.

Reference to the index and abstracts
assist the researcher in determining whether the actual book or register
of Sasines should be viewed and/or copied.

This historical description of The
Register of Sasines is derived mainly from A Guide to the Public Records
of Scotland deposited in H. M. General Register House Edinburgh, by M.
Livingstone, 1905. (Our apologies to Mr. Livingstone for any errors)

Listers are invited to make corrections
and additions to this text and advise on what fiche or film documentation
is available to support family history research in the Sasines.

VALUATION ROLLS

Like Sasines the valuation rolls cover
only a small group of individuals; namely major property owners. The rolls
generally list only the possessor or head tenant and name of the property
or farm. The rolls were used as the basis for local tax collection. The
main landowners were listed and assessed for rates. They in turn, had to
collect from their tenants who were generally not identified on the rolls.

The valuation rolls are located at the
National Archives of Scotland in Edinburgh. They must be ordered in
advance of the day chosen to begin research.